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SANTA ANA DEL MONTE: ANOTHER CLASS ACTION WON

Another large group of Santa Ana del Monte' buyers will get their deposits back soon, after a First Instance Court from Valencia accepted their class action and sentenced BBVA, SGR and Banco Popular to refund them the whole deposit paid to Herrada del Tollo (San José Inversiones) plus legal interest and legal cost.

Court accepts that lack of individual bank guarantees isn't enforceable against buyers, whose deposits are covered by the generic agreements signed by the builder with different banks under the provisions of the 57/68 Banks.

If you find you could be in a similar scenario, please do not hesitate to contact us.

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In this case we have represented a client who bought two properties in the Aifos' resort "Guadalpín Villages", and although developer committed to give him the individual bank guarantee, it was never produced, so when properties weren't built and Aifos was called for Bankruptcy he just thought that there was no chance to get his saving back. But after several enquiries through Courts we got access to the generic bank guarantee signed between Aifos and Banesto (now Banco Santander), and this important finding encouraged him to start procedings. Case wasn't easy because several legal issues arise during the trial (the generic bank guarantee wasn't made for an specific resort and no individual Bank guarantees were made for Guadalpin Villages, bank claimed that 57/68 wasn't applicable because properties were part of the Hotel Resort...) but Malaga First Instance Court which dealt with the case finally met our claim in full and sentenced Banco Santander to refu…

On the one hand, Alicante Appeal Court has just confirmed BBVA's liability for the deposits paid by purchasers in Albatera Golf. On the other hand, Alicante First Instance Court nº 5 has sentenced SGR and BBVA to refund deposits to several buyers who invested in properties in El Pinet. Legal grounds on both judgements are similar: lack of individual bank guarantees is not enforceable against buyers, as long as Banks signed generic agreements where they committed to provide those to our customers. In the specific case of BBVA, it has been also sentenced as depositary banks, because deposits were paid into the accounts they opened in San Jose's name and, consequently, Bank assumed the liability to request the individual bank guarantees.

Obviously this is a big achievement to our clients, who will finally recover the money they invested and they didn't expect to recover. And we are really pleased about it.